From The Nature Of The Procuratorial Power Viewing The Perfecting Of The Procuratorial Functions And Powers

The so-called procuratorial power means the general name of various functions and powers of a procuratorial organ. A country's government system determines the country's nature of procuratorial power, while the nature of procuratorial power determines the functions and powers of its procuratorial organs. Under the system of "separation of the three powers", the procuratorial power of the continental law system countries is the "judicial power", while the procuratorial power of the Anglo-American law system countries is the "executive power". Therefore, in the comparison of the continental law system countries with the Anglo-American law system countries, there exists a fairly great difference between their procuratorial organs' functions and powers. What our country executes is the political system of "combination of legislative and executive powers", under which the procuratorial power is a "legal supervision power". Correspondingly the procuratorial organs of our country will inevitably exercise their legal supervision functions and powers over the executive power and judicial power. However, viewing from the status quo, the procuratorial power hasn't really played its role of legal supervision over the executive power and judicial power. For this reason, it's necessary to add or perfect the procuratorial organs' functions and powers ofinvestigating the job-related crimes, procuratorial organs' functions and powers of supervising whether or not the administrative laws and regulations are in conformity to the constitution and law, and the procuratorial organs' functions and powers of instituting the administrative actions and civil public welfare actions as well as the functions and powers of guiding investigation and so on.